A major concrete products firm fighting for survival will call its most important witness on Monday -- a British planning expert who once worked for Government.

Mr. David Cattermole has compiled a report which backs Bierman's Concrete Products's claim that they have use rights to land around the Rocky Heights quarry in Smith's Parish.

The report also points out how a "responsible'' Minister would have dealt with the case, Bierman's lawyer Mr. Mark Diel told Supreme Court yesterday. It is Mr. Cattermole's second report for Bierman's. He compiled one a decade ago but it was not accepted by Government.

Mr. Cattermole owns a planning and development consultancy company in England and was an employee of the Planning Department several years ago before going into private practice on the Island.

Mr. Diel, one of two lawyers representing Bierman's, submitted that Government dealt with taking legal action against the firm in a "cavalier'' manner and had contradicted itself more than once.

Several months ago the Environment Minister, through her lawyer Mr. Philip Holder, had said Bierman's had no "use rights'' to land surrounding the Rocky Heights quarry in Smith's Parish, Mr. Diel said.

One month later, in trying to come to an amicable agreement with the firm, the Hon. Mrs. Cartwright DeCouto (now Works Minister) said Bierman's did have use rights, he claimed.

"The Minister cannot have it both ways,'' he said.

Mr. Diel and Mr. Ray began their fight this week to prevent the Environment Minister shutting down Bierman's, which employs more than 50 residents.

Government lawyer Mr. Holder is not expected to begin his case until the end of next week.

Bierman's is claiming a former Director of Planning had stated the firm had use rights to the land in question after the first Planning Act came into effect in the mid-1960s.

It had been producing and selling substantial amounts of concrete products since the 1950s -- even supplying a major hotel, but it was only recently that Government had tried to shut it down.

The firm submitted efforts were only now being made to stop it operating because an election was around the corner and Government wanted to win votes.

It is Government's position, however, that Bierman's never had "use rights'' for the site. And in the mid-1980s, it did take action to shut down the operation, but was unsuccessful.

The Environment Ministry says families near the Smith's Parish firm are suffering from noise and dust.

It says Bierman's has finished work at its quarry and has no "use rights'' for other operations at the site, like making concrete blocks.